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Re-imagining (Re)production in Intellectual Property Law:

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Re-imagining (Re)production in Intellectual Property Law: New frontiers in the branding and making of botanical kinds

Date(s)
February 11, 2026
Location
Moot Court - MST 02.006
Time
12:00 - 13:30

Over the past several decades, many fruit breeding programs have started to commercialize new varieties via the strategic use of three legal techniques: the use of plant variety protection to restrict varietal reproduction, the use of contracts to create small “clubs” of select growers, and the use of varietal branding to foster ready consumer demand for the protected fruit that the club would produce. In these highly proprietary supply chains, the production of new varieties is inextricably tied to the seasonal production of brand-compliant fruit. This talk explores the work that is required to make an already-existing variety grow into to its varietal image year after year. In doing so, it invites reflection on the distinction between creative production and mundane reproduction that permeate many accounts of plant breeding by exploring the work of “making” that comes after the “creation” of new botanical kinds. Implied in the internal infrastructure through which intellectual property law identifies its object is the idea that crop varieties are produced (bred or “created”), after which they are classified and named. Once bred and authored into the world, the variety is effectively reproduced (cultivated), unless and until it is “bred” into something different. Such a distinction maps onto wider genealogical models of reproduction-as-generation. Cultivation here is generally not envisaged as a creative act, but a reproductive—or copying—one. Rather, it is only in certain instances of plant reproduction, where there is a biological or genetic shift in the progeny that is deemed sufficient to create a break in botanical kind, that the copying reproduction of cultivation is reclassified as a creative, productive act of breeding. In following the creative work of growing brand-compliant crop varieties, this talk shows how emerging intellectual property arrangements are reworking, in some ways, the very distinctions between reproduction and production upon which they depend. Such re-imagining opens up space to consider, however narrowly, the ways in which plant reproduction—and reproduction more broadly—is always enmeshed in wider social, ecological, and technoscientific relations.

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